Legal Question in Real Estate Law in Missouri

Adverse possession of residential property

Our neighbor installed a fence over 10 years ago that is 6 to 9 inches inside his property line. We purchased our home 4 years ago. The neighbor had never advised us that the 6 to 9 inches was his property. In fact, we have 5 sprinkler heads on this property that were installed prior to our purchase, plus the neighbor has never maintained or mowed this property (the 6 to 9 inches that exists outside of his fence). Now we wish to install our own fence and connect to his existing fence at two corners. He feels that he needs a legal agreement to ascertain that the property is still his and that we will maintain the property and the common fence. Is this legal agreement necessary? Do we already own this property due to adverse possession?


Asked on 6/14/03, 10:43 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Adverse possession of residential property

Since you have only owned the property for 4 years, you do not own the property by adverse possession. You might be able to tack onto the previous owner's of your property defense to the owner of the other property's claim for tresspass, etc. However, you have not provided enough information as to teh time the sprinklers were installed, what agreements he had withteh previous owner of your property, etc. Therefore, a definative answer cannot be given. However, I would be leary about putting up your proposed fencing without having the matter settled, or the proposed agreeemnt with the other landowner. You might have to pay to have it all moved later.

Good Luck,

Tony Smith

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Answered on 6/18/03, 7:33 pm


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